the basic salary attached to a pensionable office or, in the case of an officer serving in a pensionable class, the basic salary payable to that officer as an officer of that class;

(ii)

any personal pensionable allowance; and

(iii)

such other allowances as may be prescribed by regulations to be pensionable allowances; and

(b)

in respect of other public service, emoluments which count for pension under any law or regulation in force relating to such service;

“pensionable office” means —

(a)

in respect of public service in Singapore, an office or class of office declared by the President, by notification in the Gazette, to be pensionable and not likewise declared, by subsequent notification in the Gazette, to be non-pensionable; but where by virtue of any such declaration any office ceases to be a pensionable office, then so long as any person holding that office at the time of the declaration continues therein, the office shall, as respects that person, continue to be a pensionable office; and

(b)

in respect of other public service, an office which is a pensionable office under any law or regulation in force relating to such service;

“public service” means service in a civil capacity under the Government of Singapore or in such other service as the President may determine to be public service for the purpose of any provision of this Act;

“repealed Ordinance” means any Ordinance repealed by section 21;

“Singapore” means —

(a)

in relation to any period ending before 3rd June 1959 — the Colony of Singapore; and

(b)

in relation to any period beginning on or after 3rd June 1959 and ending before 9th August 1965 — the State of Singapore.

[8/95; 7/97]

Application of this Act

3.

—(1) Subject to subsections (2) and (4), the provisions of this Act shall apply —

(a)

to all officers appointed to the public service in Singapore; and

(b)

to all officers who have been transferred from Singapore to any other public service before 1st July 1956.

[26/86]

(2) Nothing in this Act shall diminish the amount of pension, gratuity (other than a gratuity under section 20) or other allowance for which an officer in the public service in Singapore on 1st July 1956 would have been eligible had this Act not been enacted or adversely affect the conditions which would have been applicable to such pension, gratuity or other allowance.

(3) In the application of this Act to officers who were officers on the Malayan Establishment within the meaning of section 2 of the Malayan Establishment Pensions Ordinance 1948 (M 12/48) immediately before 1st July 1954, the following provisions shall have effect:

(a)

where any such officer was in the public service in Singapore immediately before 1st July 1954, all rights accrued to such officer in respect of pensions, gratuities or other allowances under the Malayan Establishment Pensions Ordinance 1948 or the Minutes made thereunder shall continue to subsist under this Act as if service in respect of which those rights accrued had been public service in Singapore; and

(b)

nothing in this Act shall —

(i)

diminish the amount of pension, gratuity or other allowance for which any such officer as is referred to in paragraph (a) would have been eligible under the Malayan Establishment Pensions Ordinance 1948 or the Minutes made thereunder had the Ordinance not been repealed and had the officer continued to serve on the Malayan Establishment; or

(ii)

adversely affect conditions that would have been applicable to such pension, gratuity or other allowances under that Ordinance or Minutes.

to all officers appointed on or after 1st April 1986 to the public service in Singapore, except officers who are appointed to such schemes of service as may be designated by the President; and

(b)

to all officers appointed on or after 1st December 1972 to any office in the public service in Singapore being an office designated as falling within Division III or IV, except officers who are so appointed to the Police (Junior) and the Narcotics schemes of service.

[18

[26/86]

Pension Authorities

4.

—(1) The President may, for the purposes of this Act, appoint by order in the Gazette one or more Pension Authorities comprising any public officer or group of public officers.

[7/97]

(2) Any order under subsection (1) shall specify the class or classes of public officers in respect of which a Pension Authority may exercise its powers or perform its functions under this Act.

[7/97]

(3) A Pension Authority may depute any public officer to exercise or perform on its behalf any power or function conferred on the Pension Authority by this Act subject to such conditions as may be specified by the Pension Authority.

[7/97]

(4) A Pension Authority may exercise any power or perform any function conferred on it by this Act notwithstanding the delegation by it of that power or function under subsection (3).

[2A

[7/97]

Delegation of powers to Pension Authorities

5.

—(1) Subject to subsection (2), the President may depute any Pension Authority to exercise or perform on his behalf any power or function conferred on the President by this Act subject to such conditions as may be specified by the President.

[7/97]

(2) Nothing in subsection (1) shall authorise the President to depute any Pension Authority to exercise on his behalf any of the following powers:

(a)

to make regulations under this Act;

(b)

to declare any office or class of office to be pensionable or non-pensionable, as the case may be, under section 2;

(c)

to determine any service to be public service for the purpose of any provision of this Act;

(d)

to vary the commutation factor or discount rate under section 20;

(e)

to designate schemes of service under section 3(4)(a).

[7/97]

(3) Where by virtue of subsection (1) any power or function of the President under this Act may be exercised or performed on his behalf by a Pension Authority, then, unless the President otherwise directs, the Pension Authority may arrange for the exercise or performance of that power or function by any other public officer.

[7/97]

(4) Any arrangement made by a Pension Authority under subsection (3) for the exercise or performance of any power or function by a public officer shall not prevent the Pension Authority by whom the arrangement was made from exercising or performing that power or function.

[7/97]

(5) The President may also exercise any power or perform any function conferred on him by this Act notwithstanding the delegation by him of that power or function under subsection (1).

[2B

[7/97]

President may make pensions regulations

6.

—(1) It shall be lawful for the President to make regulations for the granting of pensions, gratuities and other allowances to persons who have been in the public service in Singapore or to their legal personal representatives or dependants.

(2) The regulations contained in the First Schedule shall be in force until varied or revoked by any regulation made under subsection (1).

(3) The President may, in making regulations under this section, provide for any officer or class of officers holding pensionable offices to opt for the provident fund scheme applicable to non-pensionable employees of the Government under the Central Provident Fund Act (Cap. 36) and for the terms and conditions of such option.

[26/86]

(4) Any pension or gratuity granted under this Act shall be computed in accordance with the provisions in force at the actual date of an officer’s retirement.

(5) Where the President is satisfied that it is equitable that any regulation made under this Act should have retrospective effect in order to confer a benefit upon, or remove a disability attaching to, any person, that regulation may be given retrospective effect to any date, whether before or after 1st July 1956, for that purpose.

(6) All regulations made under this section and any regulation varying or revoking the same shall have the same force and effect for all purposes as if they were contained in this Act.

(7) Regulations made under this section may provide that —

(a)

where a person has rendered full-time national service under section 12 of the Enlistment Act (Cap. 93), or under the provisions of any written law repealed by that Act (whether the service was rendered before or after the person became the holder of a pensionable office), the period of his entire full-time national service may be treated, to such extent and on such conditions as may be specified in the regulations, as pensionable service;

(b)

the service referred to in paragraph (a) shall be deemed to be public service; and

(c)

the person referred to in paragraph (a) shall be deemed to have been or to have continued to be, as the case may be, an officer in the public service for the period of that full-time national service for the purposes of this Act.

[3

Pensions, etc., to be charged on Pension Fund

7. There shall be charged on and paid out of the Pension Fund all such sums of money as may from time to time be granted by way of pension, gratuity or other allowance in accordance with this Act.

[4

[8/95]

Pensions, etc., not of right

8.

—(1) No officer shall have an absolute right to compensation for past services or to any pension, gratuity or other allowance under this Act, nor shall anything in this Act limit the right of the Government to dismiss any officer without compensation.

(2) Subject to Article 113 of the Constitution, where it is established to the satisfaction of a Pension Authority that an officer over which it has jurisdiction has been guilty of negligence, irregularity or misconduct, it shall be lawful for the Pension Authority to withhold the pension, gratuity or other allowance for which the officer would have become eligible but for this section.

[5

[7/97]

Service not counting for pension, etc.

9. No pension, gratuity or other allowance shall be granted under this Act to any officer —

(a)

in respect of any service while on probation or agreement, unless without break of service he is confirmed in a pensionable office in Singapore or in an office in other public service which is at the time of confirmation pensionable in accordance with any law or regulation in force in such service, except that any interruption in service caused by temporary suspension of employment not arising from misconduct or voluntary resignation shall be disregarded for the purposes of this paragraph;

(b)

in respect of any service as a pupil, apprentice or volunteer, during which he is undergoing whole time training and for which he is not remunerated or receives only a subsistence allowance or a special apprentice pay and the President may, by notification in the Gazette, declare what service is to be service as a pupil, apprentice or volunteer for the purposes of this paragraph;

(c)

in respect of any service, while below the age of 18 years, except that this paragraph shall not apply to any officer or other person in the public service in Singapore on 1st July 1956 to whom, under any repealed Ordinance, a pension, gratuity or other allowance may be granted in respect of service while below the age of 18 years; or

(d)

in respect of any service, including service deemed under any written law for the time being in force to be service with the Government for the purposes of this Act, during which the officer was —

(i)

a member of any fund mentioned in the Second Schedule, except upon the condition that there shall be first paid to the Government the total amount paid by the Government to that fund excluding the amount paid on account of the officer if he is on the pensionable establishment with respect to the service or an equivalent amount if he is not on the pensionable establishment with respect to such service, together with the interest, if any, thereon; or

(ii)

eligible for any benefits on retirement under the Singapore City Council Superannuation Fund for Subordinate Employees Rules 1954 except upon the condition that he shall first relinquish all rights to the benefits under those Rules.

[6

[26/72]

Payment into Pension Fund

10. Any amount that is required under section 9(d)(i) to be first paid to the Government before any pension, gratuity or other allowance may be granted under this Act shall be paid into the Pension Fund.

[6A

[8/95]

Cases in which pensions, etc., may be granted

11.

—(1) No pension, gratuity or other allowance shall be granted under this Act to any officer until he shall have retired from the public service.

(2) No pension, gratuity or other allowance shall be granted under this Act to any officer who has retired from the public service in Singapore, unless he has retired —

(a)

in the case of male officers in the public service in Singapore on 1st July 1956, with the consent of the President, on or after attaining the age of 50 years, and in other cases, on or after attaining the age of 55 years if a man, or of 45 years if a woman, except that in the case of a female officer she was in the service before 1st March 1962 and has opted to retire on or after attaining the age of 45 years;

(b)

on or after attaining the age of 45 years if he is a police officer, including a police officer of such Auxiliary Police Force as may be specified by the President by notification in the Gazette, below the rank of assistant superintendent or a prison officer below the rank of superintendent;

[4/2010 wef 17/02/2010]

(c)

on a certificate from the head of his department and on medical evidence to the satisfaction of the President that he is incapable, by reason of some infirmity of mind or body, of discharging the duties of his office and that such infirmity is likely to be permanent;

(d)

on the abolition of his office;

(e)

in the case of termination of employment in the public interest as provided in section 12;

(f)

on compulsory retirement for the purpose of facilitating improvement in the organisation of the department to which he belongs by which greater efficiency or economy may be effected;

(g)

with the consent of the President, on or after completing 15 years of service as a Gurkha serving in the Gurkha Contingent of the Singapore Police Force;

(h)

in the case of a female officer appointed to the public service on or after 1st July 1956 or re-appointed after resignation on account of marriage, with the consent of the President, on or after attaining the age of 50 years; or

(i)

with the consent of the President, on or after completing 15 years of service, in special circumstances not falling within any of the preceding paragraphs.

[7/97]

(3) Notwithstanding subsection (2), a pension, gratuity or other allowance may be granted under this Act to —

(a)

any officer on his attaining the minimum age of retirement applicable to him specified in subsection (2)(a), (b) or (h) who, having retired from the public service of Singapore under the provisions of the Instruction Manual for the time being in force in order to be nominated as a candidate for election as a member of Parliament or of any local government authority in Singapore, has not subsequently been re-employed in the public service of Singapore, except that —

(i)

where the President is satisfied that such an officer is physically or mentally incapacitated so as to be unable to continue in any employment before he has attained the minimum age of retirement applicable to him, he may be granted a pension, gratuity or other allowance with effect from the date he satisfies the President that he is so physically or mentally incapacitated; or

(ii)

where such an officer dies before he has attained the minimum age of retirement applicable to him, his dependants or legal personal representatives may be paid a gratuity in accordance with section 20(3); or

(b)

any officer who, not being an officer to whom paragraph (a) applies, having either completed 15 years of public service or attained the age of 40 years and completed 10 years of public service, has retired with the permission of the Chief Secretary, granted before 1st September 1958 in order to be nominated as a candidate for election as a member of the Legislative Assembly or of any local government authority in Singapore.

[12/95]

(4) The President may direct that any pension, gratuity or other allowance granted to an officer retired under subsection (2)(e) or (i) be suspended until and take effect from such date, not being later than the date the officer attains the minimum age, as the President may determine.

(5) Notwithstanding subsection (4) —

(a)

where the President is satisfied that an officer referred to in that subsection is physically or mentally incapacitated so as to be unable to continue in any employment before he has attained the minimum age, he may be granted a pension, gratuity or other allowance with effect from the date he satisfies the President that he is so physically or mentally incapacitated;

(b)

where such officer dies before he has attained the minimum age, his dependants or legal personal representatives may be paid a gratuity in accordance with section 20(3);

(c)

no right shall accrue in respect of any pension, gratuity or other allowance during the period such pension, gratuity or other allowance has been suspended.

[12/95]

(6) In subsections (4) and (5), “minimum age” means —

(a)

in the case of an officer who is entitled to retire at the age of 45 years — 45 years;

(b)

in the case of an officer appointed to the public service before 12th September 1986 other than an officer referred to in paragraph (a) — 50 years; and

(c)

in the case of an officer appointed to the public service on or after 12th September 1986 other than an officer referred to in paragraph (a) —

(i)

50 years if he is entitled to retire at the age of 50 or 55 years; and

(ii)

55 years if he is entitled to retire at the age of 60 years.

[26/86]

(7) The pension granted to an officer under subsection (4) shall be computed on the basis of his pensionable service up to the date of retirement as though he had retired on medical grounds under subsection (2)(c) except that an officer retired in the public interest under subsection (2)(e) may have his pension reduced under section 8(2).

[7

Retirement in public interest

12.

—(1) Where an officer’s service is terminated on the ground that, having regard to the conditions of the public service, the usefulness of the officer thereto and all the other circumstances of the case, such termination is desirable in the public interest, and a pension, gratuity or other allowance cannot otherwise be granted to him under the provisions of this Act, the relevant Pension Authority may, if the Pension Authority thinks fit, grant such pension, gratuity or other allowance as the Pension Authority thinks just and proper, not exceeding in amount that for which the officer would be eligible if he retired from the public service in the circumstances described in section 11(2)(c).

[26/86; 7/97]

(2) Where in the exercise of its powers of disciplinary control over public officers the Public Service Commission or the Legal Service Commission, as the case may be, has ordered an officer to be retired in the public interest, the officer’s service shall be deemed to have been terminated under subsection (1).

[8

[26/86; 12/95]

Compulsory retirement

13. It shall be lawful for the President to require any officer to retire from the public service in Singapore —

(a)

who has attained, in the case of a male officer in the public service in Singapore on 1st July 1956, the age of 55 years, and in the case of any other male officer the age of 60 years or 55 years if the President in any individual case so directs;

(b)

who, being a police officer below the rank of assistant superintendent or a prison officer below the rank of superintendent, has attained the age of 45 years;

[4/2010 wef 17/02/2010]

(c)

whose retirement appears to the President to be desirable in the public interest;

(d)

who, being a woman appointed to the public service before 1st March 1962, is married or marries and has opted to remain eligible for a gratuity on marriage;

(e)

on the abolition of his office;

(f)

for the purpose of facilitating improvement in the organisation of the department to which he belongs by which greater efficiency or economy may be effected; or

(g)

who has attained, in the case of a female officer appointed to the public service on or after 1st March 1962, the age of 60 years or 55 years if the President in any individual case so directs.

[9

Maximum pension from all public service

14.

—(1) A pension granted to an officer under this Act shall not exceed two-thirds of the highest pensionable emoluments drawn by him at any time in the course of his public service in Singapore.

(2) Where an officer has been or is granted a pension or pensions in respect of other public service, he may be granted the full pension for which he is eligible in respect of his public service in Singapore.

(3) No person may at any time draw from the Pension Fund an amount of pension which, when added to the amount of any pension or pensions drawn in respect of other public service, exceeds two-thirds of the highest pensionable emoluments drawn by that person at any time in the course of his public service in Singapore or in other public service.

[8/95]

(4) Where a person referred to in subsection (3) receives, in respect of some period of public service, both a gratuity and a pension, the amount of such pension shall be deemed, for the purpose of subsections (2) and (3), to be the amount of pension which would have been payable had the officer received a pension only and not a gratuity and a pension.

(5) In a case falling under subsection (3), the amount of pension to be drawn from the Pension Fund shall be subject to the approval of the relevant Pension Authority, in order that it may be determined with due regard to the amount of any pension or pensions similarly to be drawn in respect of other public service.

[8/95; 7/97]

(6) For the purpose of this section, an allowance granted in respect of injury or disease shall not be taken into account; but where the officer is granted such an allowance, the amount of such allowance which he may draw shall not exceed one-sixth of his highest pensionable emoluments at any time in the course of his public service by more than the sum by which the amount of his pension or pensions, apart from such allowance, falls short of two-thirds of such highest pensionable emoluments.

[10

Pensions, etc., not to be assignable

15. A pension, gratuity or other allowance granted under this Act shall not be assignable or transferable, except for the purpose of satisfying —

(a)

a debt due to the Government; or

(b)

an order of any court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child, whether legitimate or not, of the officer to whom the pension, gratuity or other allowance has been granted,

and shall not be liable to be attached, sequestered or levied upon for or in respect of any debt or claim except a debt due to the Government.

[11

Liability of pensioners to be called upon to take further employment

16.

—(1) Every pension granted under this Act shall be subject to the condition that unless and until the officer shall have reached the age of 50 years if a man, and of 45 years if a woman, he may, if physically fit for service, be called upon by the President to accept an office, in Singapore, not less in value than the office which he held at the date of retirement.

(2) If a pensioner so called upon declines to accept such office, the payment of his pension may be suspended until he has attained the age of 50 years if a man, and of 45 years if a woman.

(3) This section shall not apply to officers in the public service in Singapore on 1st July 1956 who retire otherwise than in the circumstances described in section 11(2)(d) or (f).

[12

Pensions, etc., to cease on bankruptcy

17.

—(1) No pension, gratuity or other allowance which would be granted under this Act to an officer shall be so granted if, at the date of his retirement from the public service, the officer has been adjudged a bankrupt or declared insolvent by judgment of a court of competent jurisdiction, whether in Singapore or elsewhere, and has not obtained his discharge from such adjudication or declaration.

(2) If any person to whom a pension or other allowance has been granted under this Act is adjudicated a bankrupt or is declared insolvent by judgment of the court, whether in Singapore or elsewhere, then the pension or allowance shall immediately cease.

(3) In any case where —

(a)

by reason of bankruptcy or insolvency of an officer, a pension, gratuity or allowance is not granted; or

(b)

by reason of bankruptcy or insolvency of a pensioner, a pension or allowance ceases,

it shall be lawful for the relevant Pension Authority, from time to time, during the remainder of such person’s life, or during such shorter period or periods, either continuous or discontinuous, as the Pension Authority shall think fit, to cause all or any part of the moneys to which such person would have been entitled by way of pension, gratuity or allowance, had he not become a bankrupt or insolvent, to be paid to, or applied for the maintenance and personal support or benefit of, all or any (to the exclusion of the other or others) of the following persons in such proportions and manner as the Pension Authority thinks proper, and such moneys shall be paid or applied accordingly:

(i)

such person himself; and

(ii)

any wife, child or children of his.

[7/97]

(4) Moneys applied under subsection (3) for the discharge of the debts of the officer or pensioner referred to in that subsection shall, for the purposes of that subsection, be regarded as applied for his benefit.

(5) When a person to whom a pension or allowance has not been granted or whose pension or allowance has ceased under this section obtains a full and proper discharge from his bankruptcy or insolvency, his pension or allowance shall be restored to him with effect from the date of such discharge.

[13

Pensions, etc., to cease on conviction

18.

—(1) If any person to whom a pension or other allowance has been granted under this Act is sentenced to death or penal servitude or any term of imprisonment by any court of competent jurisdiction, whether in Singapore or elsewhere, for any crime or offence, it shall be lawful for the relevant Pension Authority to direct that the pension or allowance shall immediately cease, and thereupon the pension or allowance shall cease accordingly.

[7/97]

(2) Any pension or allowance that ceases under subsection (1) shall be restored with retrospective effect in the case of a person who after conviction at any time receives a free pardon.

(3) Where a pension or allowance ceases by virtue of a direction under subsection (1), it shall be lawful for the relevant Pension Authority to cause all or any part of moneys to which the pensioner would have been entitled by way of pension or allowance to be paid to or applied for the benefit of any wife, child or children of the pensioner and, after the expiration of his sentence, also for the benefit of the pensioner himself, in the same manner precisely and subject to the same qualifications and restrictions as in the case of bankruptcy or insolvency provided under section 17.

[14

[7/97]

Pensions, etc., may cease on accepting employment in certain companies, or in engaging in certain occupations for gain

19.

—(1) If any person to whom a pension or other allowance has been granted under this Act —

(a)

becomes a director of any company, the principal part of whose business is in any way directly concerned with Singapore or Malaysia;

(b)

becomes an officer or employee employed in Singapore or in Malaysia by any such company; or

(c)

engages in any occupation for gain in Singapore or in Malaysia,

without the permission of the President in writing first had and obtained, it shall be lawful for the President to direct that the pension or allowance granted to the person shall immediately cease, and thereupon the pension or allowance shall cease accordingly.

(2) It shall be lawful for the President, on being satisfied that the person in respect of whose pension or allowance any direction under subsection (1) shall have been given has ceased —

(a)

to be a director of a company referred to in that subsection;

(b)

to be employed as an officer or employee of such company in Singapore or in Malaysia; or

(c)

to be engaged in an occupation referred to in that subsection,

to give directions for the restoration of the pension or allowance, with retrospective effect if he sees fit, to such date as he shall specify, and the pension or allowance shall be restored accordingly.

(3) This section shall cease to apply to any person to whom a pension or other allowance has been granted under this Act after a period of 5 years from the date of his retirement.

[15

Gratuity where officer dies in service

20.

—(1) Where an officer dies in the public service in Singapore, there shall be paid to such of his dependants as the relevant Pension Authority may think fit, or if there are no dependants, to his legal personal representative, a gratuity —

(a)

in the case of an officer holding a pensionable office who has not exercised an option mentioned in section 6(3), of an amount equal to one of the following capital sums:

(i)

where the officer has attained the minimum age at the time of his death — an amount ascertained by multiplying the relevant commutation factor by the amount of such pension that may have been granted to the officer under this Act if the officer had retired on the date of his death in the circumstances described in section 11(2)(c); or

(ii)

where the officer has not attained the minimum age at the time of his death — the amount ascertained in accordance with sub-paragraph (i), from which amount there shall be a discount at the relevant discount rate in respect of each year or part thereof falling between the date of his death and the date he would have attained his minimum age had he not died (both dates inclusive),

but such gratuity shall in no case be less than one year’s pensionable emoluments;

(b)

in the case of a Gurkha serving in the Gurkha Contingent of the Singapore Police Force, of an amount equal to 1/120 of one year’s pensionable emoluments for each complete month of service but such gratuity shall not be less than one year’s or more than 3 years’ pensionable emoluments;

(c)

in the case of an officer holding a pensionable office who has exercised an option mentioned in section 6(3), of an amount equal to one year’s salary as at the date immediately prior to his option taking effect or the commuted pension gratuity which might have been granted to the officer if he had retired at the date of his death in the circumstances described in section 11(2)(c), whichever is the greater; or

(d)

in any other case, of an amount equal to one year’s salary or his commuted annual allowance gratuity, whichever is the greater.

[26/86; 12/95; 7/97]

(2) Where —

(a)

an officer who has retired from the public service in Singapore dies within one year of his retirement; or

(b)

a retired officer, being an officer who opted under any regulations made under this Act to receive a full pension without any gratuity and whose pension had been suspended under section 11(4), dies within one year of his pension taking effect,

there shall be paid to such of his dependants as the relevant Pension Authority may think fit, or if there are no dependants, to his legal personal representative, a gratuity of an amount equal to —

(i)

in the case of an officer holding a pensionable office who has not exercised an option mentioned in section 6(3) — one year’s pensionable emoluments; and

(ii)

in any other case — one year’s salary,

from which gratuity there shall be deducted the amount of the gratuity, if any, which has been paid or is payable under this Act and any payment or payments of pension or allowance, other than any allowance granted in respect of an injury, which may already have been made.

[12/95; 7/97]

(3) Notwithstanding subsection (2), where an officer whose pension, gratuity or other allowance is suspended under section 11(4) dies before his pension, gratuity or allowance takes effect (whether or not within one year of his retirement), there shall be paid to such of his dependants as the relevant Pension Authority may think fit, or if there are no dependants, to his legal personal representative, a gratuity of an amount ascertained by multiplying the relevant commutation factor by the amount of such pension that may have been granted to the officer under this Act, from which amount there shall be a discount at the relevant discount rate in respect of each year or part thereof falling between the date he would have attained his minimum age had he not died and the date of his death (both dates inclusive) but such gratuity shall in no case be less than one year’s pensionable emoluments.

[12/95; 7/97]

(4) In this section —

“commutation factor” means 175.14 or such other factor as the President, by order in the Gazette, prescribes in variation thereof;

“commuted annual allowance gratuity” means the gratuity which might have been granted to the officer under any regulation providing for the grant of a reduced annual allowance and a gratuity, if his public service had been wholly in Singapore and if he had retired at the date of his death in the circumstances described in section 11(2)(c); and for the purpose of calculating the same the officer shall be deemed to have elected to be paid an annual allowance at the rate of three-fourths of the annual allowance granted to him;

“discount rate” means 5% or such other rate as the President, by order in the Gazette, prescribes in variation thereof;

“minimum age” has the same meaning given to it by section 11(6);

“one year’s salary” means the emoluments which would be taken for the purpose of computing any allowance or gratuity, or in the case of an officer holding a pensionable office who has exercised an option mentioned in section 6(3) any pension, which may be granted to the officer if he had retired at the date of his death in the circumstances described in section 11(2)(c);

“pensionable emoluments”, in relation to an officer who had exercised an option mentioned in section 6(3), means his pensionable emoluments at the date immediately prior to his option taking effect;

“relevant commutation factor” and “relevant discount rate”, in relation to an officer or a retired officer, mean the commutation factor and discount rate, respectively, in force on either the date of the officer’s death or his appointment to the public service in Singapore, whichever is the more favourable; and for this purpose, all officers appointed to the public service in Singapore before 1st January 1995 shall be deemed to be appointed to the public service in Singapore on that date.

[12/95]

(5) This section shall apply to all officers appointed to the public service in Singapore, whether appointed before or after 1st April 1986, but not a Judge of the Supreme Court, an Attorney‑General, an Auditor‑General, a Deputy Attorney‑General or a member of the Public Service Commission who is eligible to be granted a death gratuity under any other written law.

all notifications declaring offices to be pensionable offices or classes to be pensionable classes made under any repealed Ordinance shall be deemed to have been made under this Act and shall continue in force until cancelled or varied by notifications in the Gazette made under this Act;

(b)

all pensions, gratuities or other allowances granted under any repealed Ordinance shall be deemed to have been granted under this Act, and shall continue to be payable until determined under and in accordance with this Act; and

(c)

all rights accrued in respect of pensions, gratuities or other allowances under any repealed Ordinance shall continue to subsist under this Act as if service in respect of which such rights accrued had been service under the Government.

[19

FIRST SCHEDULE

Section 6(2)

Pensions Regulations

ARRANGEMENT OF REGULATIONS

PART I

PRELIMINARY

Regulation

1.

Citation

2.

Regulations subject to Act

PART II

RECKONABLE SERVICE AND PENSIONABLE EMOLUMENTS

3.

Period of service qualifying for pension, etc.

4.

Pensions to whom and at what rates to be granted

5.

Pensionable service

6.

Service to be unbroken

7.

Acting service

8.

Non-pensionable service when to count

9.

War service how reckoned

10.

Full-time national service is deemed to be public service and period of such service may be reckoned as pensionable service

11.

Officers seconded to public body

12.

Emoluments on which pensions to be computed

13.

Pensions granted for whole-time and part-time service

PART III

PENSION, GRATUITY AND ALLOWANCE

14.

Gratuity and reduced pension for Gurkha

15.

Pension options

16.

Reduced pension plus gratuity and commuted pension gratuity

17.

Case of pensioner re-employed

18.

Abolition or re-organisation of office

19.

Application of regulations 20 to 23 to all officers

20.

Allowance for injured officers

21.

Pensions, etc., to dependants when officer is killed on duty

22.

Allowance for injured police officers and pensions, etc., when police officer is killed on duty

23.

Additional compensation for injured police officer or when police officer is killed on duty

24.

Allowance for service in non-pensionable office

PART IV

MISCELLANEOUS

25.

Transfer from pensionable to non-pensionable office

26.

Gratuity where service insufficient for pension

27.

Gratuity when nothing else is provided

28.

Conditions of pension

29.

Temporary reduction of salary not to affect rate of pension

Table A — Scale of pensions

Table B — Gratuities and allowances

____________________

Part I

Preliminary

Citation

1. These Regulations may be cited as the Pensions Regulations.

Regulations subject to Act

2. These Regulations shall in all respects be subject to the provisions of the Act.

[3

Part II

Reckonable Service and Pensionable Emoluments

Period of service qualifying for pension, etc.

3. Subject to these Regulations, service qualifying for pension, gratuity or other allowance, as the case may be, shall be the inclusive period between the date from which an officer commences to draw salary or half salary from the funds of the Government and the date of his leaving the service of the Government without deduction of any period during which he has been absent on leave.

[4

Pensions to whom and at what rates to be granted

4.—(1) Every officer holding a pensionable office in Singapore, who has been in the service of the Government for not less than 10 years, may on his retirement be granted a pension at the rate of one six-hundredth (1/600th) of his annual pensionable emoluments in respect of each complete month of pensionable service subject to the limit prescribed in section 14 of the Act.

(2) Notwithstanding paragraph (1), an officer in the public service in Singapore on 1st July 1956 may be permitted to draw pension at the rate of one seven-hundred-and-twentieth (1/720th) of his pensionable emoluments in respect of each complete month of pensionable service with an addition of sixty seven-hundred-and-twentieths (60/720ths) of his pensionable emoluments subject to the limit prescribed in section 14 of the Act.

[5

Pensionable service

5. For the purpose of computing the amount of a pension or gratuity to be granted to an officer, the following periods, subject to any deduction to be made under regulation 8, shall be taken into account as pensionable service:

(a)

the periods during which he has been on duty;

(b)

any period during which he was proceeding to Singapore, on first appointment and in respect of which he was paid half or full salary from the funds of the Government;

(c)

any period during which he has been absent from duty on leave with full salary or half salary;

(d)

any period during which he has been absent from duty on leave without salary, granted on grounds of public policy with the approval of the President, and during which he has not qualified for pension or gratuity in respect of other public service;

(e)

any period during which an officer shall have been seconded for other public service or for service under a public body with the approval of the President;

(f)

any period during which an officer has been granted leave without salary to serve under a private body with the approval of the President unless the officer has exercised an irrevocable option not to have the period taken into account as pensionable service;

6.—(1) Service in respect of which pensions or gratuities may be granted must be unbroken, except in cases where —

(a)

the service has been interrupted by abolition of office or other temporary suspension of employment not arising from misconduct or voluntary resignation; or

(b)

the break in service is caused by retirement under the provisions of the Instruction Manual for the time being in force on the election of an officer as a Member of Parliament or of any local government authority.

(2) Notwithstanding paragraph (1), an officer —

(a)

whose pension has been suspended under regulation 17; or

(b)

who has retired from the public service without pension on account of ill-health, abolition of office or re-organisation designed to effect greater efficiency and economy, and has subsequently been re-employed in the public service,

may, if the relevant Pension Authority thinks fit, be granted the pension or gratuity for which he would have been eligible if any break in his public service immediately prior to such suspension, re-employment or employment had not occurred and such pension shall be in lieu of —

(i)

any pension previously granted to him in respect of his service under the Government; and

(ii)

any gratuity so granted which is required to be refunded as a condition of the application to the officer of this paragraph,

but in addition to any gratuity so granted which is not required to be refunded.

(3) In calculating a pension or gratuity granted under paragraph (2), no account shall be taken for any purposes of the period during which the officer was not in public service.

[7

Acting service

7. Where an officer has performed acting service in a pensionable office under the Government, the period of such service may be taken into account as pensionable service if the period of such acting service —

(a)

was not part of the pensionable service of a substantive holder of the office and is not taken into account as part of the officer’s own pensionable service in other public service; and

(b)

is immediately preceded or followed by service in a substantive capacity in a pensionable office under the Government or in an office which is a pensionable office as regards previous service, and not otherwise.

[8

Non-pensionable service when to count

8.—(1) Only service in a pensionable office shall be taken into account as pensionable service.

(2) Notwithstanding paragraph (1) —

(a)

where a period of service in a civil capacity otherwise than in a pensionable office is immediately followed by service in a pensionable office and the officer is confirmed therein, the whole of such period may be taken into account as pensionable service;

(b)

any break in service which may be disregarded under regulation 6 (2) may likewise be disregarded in determining for the purposes of sub-paragraph (a) whether one period of service immediately follows another period of service;

(c)

any period during which an officer on the pensionable establishment has served on duty in Malaya or in Brunei Darussalam, whether in a pensionable office or not, may be regarded as pensionable service; and

(d)

any period during which an officer has served in the Singapore Armed Forces immediately prior to his transfer to the public service and which period would have counted as pensionable service under the Singapore Armed Forces (Pensions) Regulations (Cap. 295, Rg 9), may be regarded as pensionable service.

[9

War service how reckoned

9. Any period during which an officer absent on leave from Singapore has, with the consent of the President, served with the Singapore Armed Forces or in any capacity connected with a state of war, may be reckoned as service on full pay for the purposes of these Regulations.

[10

Full-time national service is deemed to be public service and period of such service may be reckoned as pensionable service

10.—(1) Full-time national service under section 12 of the Enlistment Act (Cap. 93) or under the provisions of any written law repealed by that Act, shall be deemed to be public service and a person who has rendered such service, either before or after he became the holder of a pensionable office, shall be deemed to have been or to have continued to be, as the case may be, an officer in the public service for the period of such full-time national service for the purposes of the Act.

(2) Any period during which a person has rendered full-time national service under section 12 of the Enlistment Act or under the provisions of any written law repealed by that Act, may be reckoned as service qualifying for pension, gratuity or other allowance, as the case may be.

(3) The period between the effective date of a person’s release from full-time national service and the date of his assumption of duty or resumption of duty, as the case may be, in the public service may be deemed to be a period of temporary suspension of employment for the purposes of the Act.

[11

Officers seconded to public body

11. Where an officer has been seconded from a pensionable office to an office or class of office which is not pensionable or to service under a public body, the period of such temporary employment shall be reckoned for the purpose of pension, gratuity or other allowance, provided that —

(a)

the officer retires in circumstances in which he would otherwise be eligible for a pension; and

(b)

for the purposes of these Regulations he shall be deemed to hold and to have held, during the period of such seconded service, a pensionable office to which are attached pensionable emoluments equal to those of the pensionable office from which he was seconded.

[12

Emoluments on which pensions to be computed

12.—(1) Pensions and gratuities shall be computed —

(a)

where an officer has held one office, the pensionable emoluments of which are not based on a scale of increments, for a period of not less than 3 years immediately preceding the date of his retirement, on the pensionable emoluments payable to him at that date in respect of that office;

(b)

where an officer has at any time during such period of 3 years been transferred from one such office to another, but his pensionable emoluments have not been changed by reason of such transfer or transfers on the pensionable emoluments payable to him at the date of his retirement in respect of the office then held by him;

(c)

where an officer has held an office or has served as an officer of a class, the pensionable emoluments of which are based on a scale of increments, for a period of not less than 3 years immediately preceding the date of his retirement, on the pensionable emoluments payable to him at that date in respect of that office or as an officer of that class, except that where 2 or more classes are subject to one time scale, they shall be treated for this purpose as one class; and

(d)

in all other cases, on the average amount of the pensionable emoluments payable to the officer during a period of 3 years immediately preceding the date of his retirement, except that —

(i)

in the case of an officer who has received promotion within 3 years of the date of his retirement, any services in an office or class of office in which such officer served within those 3 years shall, for the purposes of computation under this regulation, be deemed to be service on the highest pensionable emoluments paid to the officer in that office or class; and

(ii)

in the case of an officer who has received promotion within 3 years of the date of his retirement, his pension may be calculated as if he had not been so promoted if this should be to his advantage.

(2) Pensions and gratuities computed under this regulation shall, where applicable, be computed subject to the following conditions:

(a)

that where the pensionable emoluments attached to the posts held by an officer during the 3 years immediately preceding the date of his retirement have been increased at any time during that period, the pension or gratuity shall be computed on one-third (⅓rd) of the aggregate increased pensionable emoluments attached to those posts, as if the increased pensionable emoluments had been in force and payable during the whole of such period;

(b)

that in the case of an officer who has less than 3 years’ pensionable service, the pension or gratuity shall be computed on the average amount of the pensionable emoluments payable to the officer during his pensionable service;

(c)

that where the pensionable emoluments attached to the post held by an officer at the date of his retirement have been reduced for misconduct, the pension or gratuity shall be computed on the pensionable emoluments payable to him at that date or on the average amount of the pensionable emoluments payable to the officer during a period of 3 years immediately preceding that date, whichever is the less.

(3) Notwithstanding paragraphs (1) and (2) —

(a)

any gratuity to be granted under section 20 of the Act in respect of an officer who dies in the public service shall be computed on the basis of the pensionable emoluments payable to him on the date of his death; and

(b)

any pension or gratuity to be granted to an officer in the public service under section 11(2)(c) of the Act in circumstances where that officer would be eligible for any benefit under regulation 20 or 22 shall be computed on the basis of the pensionable emoluments payable to him immediately preceding the date of his retirement.

[13

Pensions granted for whole-time and part-time service

13.—(1) Subject to paragraph (2), no pension, gratuity or other allowance shall be granted under these Regulations to any officer whose whole-time is not given to the public service.

(2) Part-time service shall qualify as pensionable service but it shall be counted on the basis of the proportion the part-time service bears to whole-time service over the same period.

[14

Part III

Pension, Gratuity and Allowance

Gratuity and reduced pension for Gurkha

14.—(1) Subject to this regulation, a Gurkha serving in the Gurkha Contingent of the Singapore Police Force (referred to in this regulation as an officer) to whom a pension is granted under the Act may —

(a)

in the case of an officer retiring before 7th December 1984, be paid a reduced pension at the rate of three-fourths (¾ths) of such pension together with a commuted pension gratuity equal to 12½ times the annual value of the reduction so made in the pension; or

(b)

in the case of an officer retiring on or after 7th December 1984, be paid a reduced pension together with a commuted pension gratuity of an amount equal to one one-hundred-and-twentieth (1/120th) of his one year’s pensionable emoluments in respect of each complete month of pensionable service subject to a maximum of his pensionable emoluments for 3 years.

(2) The reduced pension to be granted under paragraph (1) (b) shall be the amount of his annual pension less two twenty-fifths (2/25ths) of the gratuity granted to him.

(3) An officer who is paid a reduced pension under paragraph (1) shall, after the expiration of 12 years and 6 months from the date he is granted the reduced pension, be eligible for the full pension as if there had been no reduction.

(4) An officer to whom a reduced pension together with a gratuity is granted under the Act may, at his option exercisable in accordance with this regulation, be paid in lieu of the reduced pension together with a gratuity the full pension without any gratuity.

(5) The option shall be exercisable, and if it has already been exercised may be revoked, not later than the day immediately preceding the date of the officer’s retirement.

(6) Notwithstanding paragraph (5), if the officer has not exercised the option under paragraph (4) prior to the day preceding the date of his retirement, the relevant Pension Authority may, if it appears in the circumstances equitable to do so, allow the officer to exercise the option at any time between that date and the date of award of a pension to him.

(7) If an officer who has exercised the option under paragraph (4) dies after he has finally retired but before a pension has been awarded to him, it shall be lawful for the relevant Pension Authority to grant a gratuity and a reduced pension, as if the officer before his death had not exercised the option.

[15

Pension options

15.—(1) Subject to these Regulations, an officer to whom a pension is granted under the Act may, at his option exercisable in accordance with this regulation, be paid —

(a)

in the case of an officer appointed before and retiring on or after 1st January 1995 —

(i)

a full pension without any gratuity;

(ii)

a reduced pension together with a gratuity ascertained in accordance with regulation 16; or

(iii)

a commuted pension gratuity ascertained in accordance with regulation 16 without any pension; or

(b)

in the case of an officer appointed on or after 1st January 1995 —

(i)

a full pension without any gratuity; or

(ii)

a commuted pension gratuity ascertained in accordance with regulation 16 without any pension.

(2) The option shall be exercisable not later than the day immediately preceding the date of the officer’s retirement, except that if the officer has not exercised the option prior to the day preceding the date of his retirement, the relevant Pension Authority may, if it appears in the circumstances equitable to do so, allow the officer to exercise the option at any time between that date and the day prior to the date of payment of a pension or gratuity to him.

(3) If an officer has exercised the option, his decision shall, subject to paragraph (5), be irrevocable so far as concerns any pension or gratuity to be granted to him under the Act.

(4) An officer who has not exercised an option in accordance with this regulation shall be deemed to have opted to receive a commuted pension gratuity ascertained in accordance with regulation 16 without any pension.

(5) An officer who is paid a reduced pension pursuant to his option exercised in accordance with this regulation shall, after the expiration of 12 years and 6 months from the date he was granted the reduced pension, be eligible for the full pension as if there had been no reduction.

(6) Where an officer opts in accordance with this regulation to receive a commuted pension gratuity ascertained in accordance with regulation 16, the commuted pension gratuity shall, unless suspended, be payable as follows:

(a)

subject to paragraph (7), part of the commuted pension gratuity, being a sum equal to the difference between the total amount paid by the Government to the Central Provident Fund on account of the officer with respect to his service, and the total amount payable by the Government to the Central Provident Fund on account of the officer with respect to the same service if the officer had not been on the pensionable establishment, together with the interest thereon, shall be paid to the officer’s account in the Central Provident Fund; and

(b)

the balance of the commuted pension gratuity shall be paid to the officer.

(7) Where the commuted pension gratuity ascertained in accordance with regulation 16 is less than the sum referred to in paragraph (6) (a), the entire commuted pension gratuity shall be paid to the officer’s account in the Central Provident Fund.

(8) For the purposes of paragraph (6) (a), the reference to the total amount paid or payable by the Government to the Central Provident Fund in respect of any officer shall not include reference to any amount thereof which is recoverable from the officer’s salary under the Central Provident Fund Act (Cap. 36).

(9) This regulation shall not apply to a Gurkha serving in the Gurkha Contingent of the Singapore Police Force.

[15A

Reduced pension plus gratuity and commuted pension gratuity

16.—(1) The reduced pension and gratuity referred to in regulation 15(1)(a)(ii) shall be —

(a)

a reduced pension equal to the amount of his annual pension less two twenty-fifths (2/25ths) of the gratuity specified in sub-paragraph (b); and

(b)

a gratuity equal to one one-hundred-and-twentieth (1/120ths) of his one year’s pensionable emoluments in respect of each complete month of pensionable service subject to a maximum of his pensionable emoluments for 3 years.

(2) The commuted pension gratuity referred to in regulation 15(1)(a)(iii) and (b)(ii) shall be —

(a)

a capital sum ascertained by multiplying the commutation factor by the amount of such pension that may be granted to an officer under the Act; or

(b)

in the case of an officer retiring before attaining his minimum age in the circumstances described in section 11(2)(e) or (i) of the Act, a capital sum ascertained in accordance with sub-paragraph (a), from which sum there shall be a discount at the relevant discount rate in respect of each year or part thereof falling between the day he will attain his minimum age and either the date of his retirement or the date to which the gratuity is suspended under section 11(4) of the Act, whichever is the later date.

(3) In this regulation —

“commutation factor” means 175.14;

“discount rate” means 5%;

“minimum age” has the same meaning as in section 11(6) of the Act;

“relevant commutation factor” and “relevant discount rate”, in relation to an officer, mean the commutation factor and discount rate specified in this paragraph as in force on either the date of the officer’s retirement from the public service in Singapore or his appointment to such public service, whichever is the more favourable; and for this purpose, all officers appointed to the public service in Singapore before 1st January 1995 shall be deemed to be appointed to the public service in Singapore on that date.

[15B

Case of pensioner re-employed

17.—(1) If an officer to whom a pension has been granted under the Act is appointed to another office in the public service in Singapore, the payment of his pension may, if the relevant Pension Authority thinks fit, be suspended during the period of his re-employment.

(2) If an officer to whom a pension or a gratuity has been granted under the Act or under any written law repealed by the Act or, in respect of other public service, under the law or regulations applicable thereto, is appointed to another office in the public service in Singapore and subsequently retires in circumstances in which he may be granted a pension, he may be granted, subject to paragraph (3) and in lieu of his previous pension or gratuity, a pension computed as if the periods of his service had been continuous, and such pension may be based on his pensionable emoluments at the date of his previous or his final retirement from the service of the Government, whichever is the greater.

(3) Notwithstanding paragraph (2) —

(a)

if on his previous retirement the officer was granted a gratuity and reduced pension, there shall be refunded to the Government the amount, if any, by which such gratuity together with the total amount of such reduced pension paid during the period of retirement exceeds the total amount of the pension at full pension rate which would have been payable during such period if the officer had not elected to receive gratuity and reduced pension; or

(b)

if on his previous retirement the officer was granted a gratuity only, there shall be refunded to the Government the amount, if any, by which such gratuity exceeds the total amount of the pension at the full pension rate which would have been payable during the period of retirement, if no regard had been had to the minimum period of service qualifying for a pension and the officer had been granted a pension in respect of the service on account of which the gratuity was granted.

[16

Abolition or re-organisation of office

18.—(1) If an officer holding a pensionable office retires or is removed from the public service in consequence of the abolition of his office or for the purpose of facilitating improvement in the department in which he belongs by which greater efficiency or economy can be effected, he may be granted a pension at the rate of —

(a)

one five-hundredth (1/500th) of his annual pensionable emoluments in respect of each complete month of pensionable service until two-hundred-and-forty five-hundredths (240/500ths) is reached; and

(b)

one six-hundredth (1/600th) in respect of each complete month of pensionable service in excess of 240 months.

(2) No pension shall be granted under this regulation exceeding in amount the pension for which the officer would have been eligible under regulation 4 if he had continued to hold his office until he reached the age at which he might be required to retire, or the maximum pension prescribed in section 14 of the Act.

(3) The grant of any pension under this regulation shall be subject to the condition that the officer shall be liable to be recalled for service in Singapore.

(4) If an officer is not qualified for other employment in the service of Singapore or if there is no reason in the opinion of the relevant Pension Authority to expect that he can shortly be re-employed, a pension may be granted to him free from the condition mentioned in paragraph (3).

[17

Application of regulations 20 to 23 to all officers

19. Unless otherwise expressly provided, regulations 20 to 23 shall apply to all officers in the public service in Singapore, whether appointed before or after 1st April 1986.

[17A

Allowance for injured officers

20.—(1) Where a person (other than a police officer) employed in the public service of the Government, whether serving in a pensionable or non-pensionable office —

(a)

has been permanently injured in the actual discharge of his duty, without his own fault, by some injury specifically attributable to the nature of his duty;

(b)

has been permanently injured in special circumstances which, in the opinion of the relevant Pension Authority, justify exceptional treatment; or

(c)

contracts a disease to which he is specifically exposed by the nature of his duty, not being a disease wholly or mainly due to or seriously aggravated by his own serious and culpable negligence or misconduct,

and his retirement, on the recommendation of a medical board or of a medical practitioner approved by the relevant Pension Authority, is thereby necessitated or materially accelerated, he may be granted in respect of such injury or disease, in addition to any pension, gratuity or other allowance granted under these Regulations, an annual allowance at the rate of the proportion of his emoluments at the date of his injury or contraction of the disease, as shown in the following table:

where his capacity to contribute to his support is —

(i)

slightly impaired

—

five-sixtieths (5/60ths);

(ii)

impaired

—

ten-sixtieths (10/60ths);

(iii)

materially impaired

—

fifteen-sixtieths (15/60ths);

(iv)

totally destroyed

—

twenty-sixtieths (20/60ths).

(2) No allowance granted under paragraph (1), together with any pension granted under these Regulations, shall exceed the limit prescribed in section 14 of the Act.

(3) The amount of the annual allowance shall be reduced to such an extent as the relevant Pension Authority shall think reasonable in the following cases:

(a)

where the person so injured or suffering from ill-health or disease has continued to serve for not less than one year after such injury, or after contracting such ill-health or disease in respect of which he retires;

(b)

where the person so injured or suffering from ill-health or disease is —

(i)

in the case of officers in the public service in Singapore on 1st July 1956, not less than 50 years old at the date of such injury, or contraction of such ill-health or disease; and

(ii)

in the case of other officers not less than 45 years old at the date of such injury, or contraction of such ill-health or disease; or

(c)

where such injury, ill-health or disease is not the sole cause of retirement, but the retirement is caused partly by age or infirmity not due to such injury, ill-health or disease.

(4) Where the person so injured or suffering from ill-health or disease holds a pensionable office and his length of service is not such as to qualify him for a pension under regulation 4, but he is qualified for a gratuity under regulation 26, he may be granted in lieu of such gratuity an annual allowance of one six-hundredth (1/600th) of his annual pensionable emoluments for each complete month of pensionable service in addition to the allowance which may be awarded to him under this regulation

(5) An officer so injured or suffering from ill-health or disease who is not qualified for either a pension under regulation 4 or a gratuity under regulation 26 may nevertheless be granted a pension of the same amount as the additional allowance which he might have been granted if he had been so qualified.

(6) Where it appears that the person so injured would, but for this paragraph, in respect of the same injury, be —

(a)

entitled to compensation under the Work Injury Compensation Act (Cap. 354); and

[5/2008 wef 01/04/2008]

(b)

eligible to receive an allowance under this regulation,

he shall be required to elect whether he will receive compensation under that Act or an allowance under this regulation.

(7) If the person elects under paragraph (6) to receive compensation under the Work Injury Compensation Act (Cap. 354), he shall receive no allowance under this regulation.

[5/2008 wef 01/04/2008]

(8) Where the person so injured, having elected to receive an allowance under this regulation and having been granted such allowance, subsequently institutes proceedings under the Work Injury Compensation Act in respect of the same injury on account of which such allowance was granted, such allowance may be cancelled at any time.

[5/2008 wef 01/04/2008]

(9) If —

(a)

an officer proceeding by a route approved by the Minister to or from Singapore at the commencement or termination of his service therein or of a period of leave therefrom, is permanently injured as the result of damage to the vessel, aircraft or vehicle in which he is travelling or of any act of violence directed against himself or against such vessel, aircraft or vehicle; and

(b)

the relevant Pension Authority is satisfied that such damage or act is attributable to circumstances arising out of a war in which Singapore may be engaged,

the officer shall be deemed, for the purposes of this regulation, to have been injured in the circumstances described in paragraph (1).

(10) Where an officer is permanently injured as a result of an accident occurring to any aircraft in which he is being carried in pursuance of official instructions, he shall be deemed for the purposes of this regulation to have been injured in the actual discharge of his duty and by some injury specifically attributable to the nature of his duty.

(11) Where an allowance may be granted in accordance with paragraph (1) when read in conjunction with paragraph (10) to any person to whom paragraph (10) may apply, the following table shall be substituted for that appearing in paragraph (1):

where his capacity to contribute to his support is —

(a)

slightly impaired

—

seven and a half-sixtieths (71/2/60ths);

(b)

impaired

—

fifteen-sixtieths (15/60ths);

(c)

materially impaired

—

twenty-two and a half-sixtieths (221/2/60ths);

(d)

totally destroyed

—

thirty-sixtieths (30/60ths)

(12) A person shall be deemed to be carried in an aircraft in pursuance of official instructions where —

(a)

he is under a duty to be carried in such aircraft either as a member of the crew or as a passenger;

(b)

he has received instructions to be carried in such aircraft from the Minister or the Head of his Department;

(c)

he is entitled to travel by such aircraft in accordance with any general circular issued by authority from the office of the Minister.

(13) This regulation, other than paragraphs (10), (11) and (12), shall be deemed to have come into operation on 3rd September 1939.

(14) This regulation shall not apply in the case of a person employed or selected for employment by the Government on or after 30th April 1955 who, in consequence of injury, is entitled to compensation under the Work Injury Compensation Act (Cap. 354).

[18

[5/2008 wef 01/04/2008]

Pensions, etc., to dependants when officer is killed on duty

21.—(1) Where an officer (other than a police officer) dies as a result of injuries received —

(a)

in the actual discharge of his duty;

(b)

without his own default; and

(c)

on account of circumstances specifically attributable to the nature of his duty,

while in the public service in Singapore, whether serving in a pensionable or non-pensionable office, it shall be lawful for the relevant Pension Authority to grant, in addition to the gratuity, if any, granted in accordance with section 20 of the Act —

(i)

if the deceased officer leaves a widow, a pension to her, while unmarried and of good character, at a rate not exceeding ten-sixtieths (10/60ths) of his annual pensionable emoluments at the date of the injury or $240 a year, whichever is the greater;

(ii)

if the deceased officer leaves a widow to whom a pension is granted under sub-paragraph (i) and a child or children, a pension in respect of each child, until such child attains the age of 18 years, of an amount not exceeding one-thirtieth (1/30th) of his annual pensionable emoluments but not less than $60 a year;

(iii)

if the deceased officer leaves a child or children, but does not leave a widow or no pension is granted to the widow, a pension in respect of each child, until such child attains the age of 18 years, of double the amount prescribed by sub-paragraph (ii);

(iv)

if the deceased officer leaves a child or children and a widow to whom a pension is granted under sub-paragraph (i), and the widow subsequently dies or remarries, a pension in respect of each child as from the date of the death or re-marriage of the widow, until such child attains the age of 18 years, of double the amount prescribed in sub-paragraph (ii); or

(v)

if the deceased officer does not leave a widow, or if no pension is granted to his widow, and if his mother was wholly or mainly dependent on him for her support a pension to the mother, while of good character and without adequate means of support, of an amount not exceeding the pension which might have been granted to his widow.

(2) Notwithstanding paragraph (1) —

(a)

in the case of a pension granted under paragraph (1)(v), if the mother is a widow at the time of the grant of the pension and subsequently remarries, such pension shall cease as from the date of re-marriage; and if it appears to the relevant Pension Authority at any time that the mother is adequately provided with other means of support, such pension shall cease as from such date as the relevant Pension Authority may determine;

(b)

a pension granted to a female child under paragraph (1) shall cease upon the marriage of such child below the age of 18 years;

(c)

a pension shall not be payable under this regulation at any time in respect of more than 6 children, but the relevant Pension Authority may in cases of hardship authorise payment of pensions in respect of more than 6 children; and

(d)

paragraph (1) shall not apply in the case of the death of any officer if his dependants, as defined in the Work Injury Compensation Act (Cap. 354), are entitled to compensation under that Act.

[5/2008 wef 01/04/2008]

(3) In this regulation —

“child” includes —

(a)

a posthumous child;

(b)

a step-child or illegitimate child born before the date of the injury and wholly or mainly dependent upon the deceased officer for support; and

(c)

an adopted child, adopted in accordance with any statutory provision before the date of injury, and dependent upon the deceased officer for support;

“pensionable emoluments”, in relation to an officer not holding a pensionable office, means the emoluments enjoyed by him which would have been pensionable emoluments if the office held by him had been a pensionable office.

(4) If —

(a)

an officer proceeding by a route approved by the Minister to or from Singapore at the commencement or termination of his service therein, or of a period of leave therefrom dies as a result of damage to the vessel, aircraft or vehicle, in which he is travelling or of any act of violence directed against himself or against such vessel, aircraft or vehicle; and

(b)

the relevant Pension Authority is satisfied that such damage or act is attributable to circumstances arising out of a war in which Singapore may be engaged,

the officer shall be deemed, for the purposes of this regulation, to have died in the circumstances described in paragraph (1).

(5) When an officer dies as a result of injuries received in an accident occurring to any aircraft in which he is being carried in pursuance of official instructions, as defined in regulation 20(12), he shall be deemed to have died as a result of injuries received in the actual discharge of his duty and on account of circumstances specifically attributable to the nature of his duty.

(6) In calculating any pension payable under this regulation in respect of an officer referred to in paragraph (5), paragraph (1) shall be read as if —

(a)

the words “fifteen-sixtieths (15/60ths)” had been substituted for the words “ten-sixtieths (10/60ths)” appearing in sub-paragraph (i) of that paragraph; and

(b)

the words “one-sixth (1/6th)” had been substituted for the words “one-thirtieth (1/30th)” appearing in sub-paragraph (ii) of that paragraph.

(7) This regulation, other than paragraphs (5) and (6), shall be deemed to have come into operation on 3rd September 1939.

(8) Where an officer other than a police officer —

(a)

sustains a partial disablement or total disablement from an injury; or

(b)

dies as a result of the injuries received in special circumstances,

which, in the opinion of the relevant Pension Authority, justify exceptional treatment, regulations 22 and 23 shall apply in lieu of this regulation as if the officer were a police officer.

[19

Allowance for injured police officers and pensions, etc., when police officer is killed on duty

22.—(1) Where a police officer is injured in any of the following circumstances:

(a)

whilst on duty or whilst on a journey necessary to enable him to report for duty or to return home after duty;

(b)

whilst not on duty in the performance of some act which is within the scope of a constable’s ordinary duties;

(c)

in consequence of some act performed in the execution of his duty; or

(d)

whilst acting as a fireman, or assisting in the extinguishment of fire, or in protecting life or property from fire,

he shall be deemed to have sustained an injury in the execution of his duty.

(2) Any injury intentionally inflicted, or incurred in the performance of a duty involving special risks, shall be deemed to be a non-accidental injury.

(3) Where a police officer sustains a total disablement from an injury received in the execution of his duty, it shall be lawful for the relevant Pension Authority to grant him —

(a)

if the injury is non-accidental, such proportion of the annual pay as is specified in Scale No. 1 in Table A;

(b)

if the injury is accidental, such proportion of the annual pay as is specified in Scale No. 2 in Table A; or

(c)

if it is not possible to determine definitely whether the injury is accidental or non-accidental, such rate intermediate between the rates specified in sub-paragraphs (a) and (b) as the Commissioner of Police may determine.

(4) Where a police officer sustains a partial disablement from an injury received in the execution of his duty, it shall be lawful for the relevant Pension Authority to grant him any of the following:

(a)

such proportion of the pension applicable in case of total disablement as the degree of disablement bears to total disablement, except that —

(i)

the pension shall not be less than such proportion of the annual pay as is specified if the injury was non-accidental in Scale No. 3 in Table A, and otherwise in Scale No. 4 in that Table; and

(ii)

the minimum pension so payable shall be $20 per month plus such amount as would from time to time be payable to a member of the Singapore Police Force in the same rank in respect of children’s allowances;

(b)

in cases recommended by the Commissioner of Police on the grounds of exceptional merit, a gratuity of an amount not exceeding one year’s salary calculated at the rate of salary drawn by the disabled member of the Singapore Police Force at the time of the receipt of the injury.

(5) Where a police officer dies as a result of injuries received in the execution of his duties, it shall be lawful for the relevant Pension Authority to grant, in addition to the gratuity, if any, granted in accordance with section 20 of the Act —

(a)

if the deceased officer leaves a widow, a pension to her, while unmarried and of good character, at the rate of one-third (1/3rd) of his annual pensionable emoluments at the date of the injury, except that the minimum amount of pension so payable shall be $240 a year;

(b)

if the deceased officer leaves a widow to whom a pension is granted under sub-paragraph (a) and a child or children, a pension in respect of each child, until such child attains the age of 18 years, at the rate of one-fifteenth (1/15th) of his annual pensionable emoluments;

(c)

if the deceased officer leaves a child or children but does not leave a widow or no pension is granted to the widow, a pension in respect of each child, until such child attains the age of 18 years, at the rate of two-fifteenths (2/15ths) of his annual pensionable emoluments;

(d)

if the deceased officer leaves a child or children and a widow to whom a pension is granted under sub-paragraph (a), and the widow subsequently dies or remarries, a pension in respect of each child as from the date of the death or re-marriage of the widow, until such child attains the age of 18 years, at the rate of two-fifteenths (2/15ths) of his annual pensionable emoluments;

(e)

if the deceased officer leaves a widow to whom a pension is granted under sub-paragraph (a), a pension at the rate of one-eighth (1/8th) of his annual pensionable emoluments may be paid to his mother, or, where his mother is dead, to his father, while of good character and without adequate means of support, if his mother or, as the case may be, his father was wholly or mainly dependent on him for support at the time of his death; or

(f)

if the deceased officer does not leave a widow, or if no pension is granted to his widow, a pension at the rate of one-fourth (1/4th) of his annual pensionable emoluments may be paid to his mother, or, where his mother is dead, to his father, while of good character and without adequate means of support, if his mother or, as the case may be, his father was wholly or mainly dependent on him for support at the time of his death.

(6) Notwithstanding paragraph (5) —

(a)

in the case of a pension granted under paragraph (5)(e) and (f), if the mother is a widow at the time of the grant of the pension and subsequently remarries, such pension shall cease as from the date of re-marriage; and if it appears to the relevant Pension Authority at any time that the mother or, as the case may be, the father is adequately provided with other means of support, such pension shall cease as from such date as the relevant Pension Authority may determine;

(b)

a pension granted to a female child under this regulation shall cease upon the marriage of such child below the age of 18 years;

(c)

a pension shall not be payable under this regulation at any time in respect of more than 6 children, but the relevant Pension Authority may in cases of hardship authorise payment of pensions in respect of more than 6 children; and

(d)

this regulation shall not apply in the case of the death of any officer if his dependants, as defined in the Work Injury Compensation Act (Cap. 354), are entitled to compensation under that Act.

[5/2008 wef 01/04/2008]

(7) In this regulation, “total disablement” means total loss of earning capacity in any employment, and, in the case of partial disablement, the degree of disablement shall be based upon the degree to which earning capacity is affected.

[20

Additional compensation for injured police officer or when police officer is killed on duty

23.—(1) Where a police officer dies as a result of injuries received in the execution of his duties, it shall be lawful for the relevant Pension Authority to grant to such of his dependants as the Pension Authority may think fit, or if there are no dependants to his legal personal representatives, in addition to the gratuity payable under section 20 of the Act and any pension payable to his dependants in accordance with regulation 22(5), compensation equivalent to the difference between —

(a)

the sum which the police officer would be entitled to under the Work Injury Compensation Act (Cap. 354), as if he were a an employee under that Act; and

[5/2008 wef 01/04/2008]

(b)

the gratuity granted to the police officer under section 20 of the Act.

(2) Where a police officer who has completed 10 years of service sustains a permanent total disablement from an injury received in the execution of his duty which enables him to qualify for a pension under regulation 22 (3), he may elect to be paid a compensation in lieu of such pension, in which event it shall be lawful for the relevant Pension Authority to grant to the police officer as compensation —

(a)

a sum equivalent to the amount calculated under the Work Injury Compensation Act, as if he were an employee under that Act; or

[5/2008 wef 01/04/2008]

(b)

a sum equivalent to the gratuity computed under section 20 of the Act as if he had died from the injury,

whichever is the greater.

(3) If a police officer, who has completed 10 years of service, has been retired on account of a permanent total disablement arising from an injury received in the execution of his duty and has been receiving a pension under regulation 22, dies within 5 years from the date he received the injury, it shall be lawful for the relevant Pension Authority to grant, subject to paragraph (4), to such of his dependants as the Pension Authority may think fit, or if there are no dependants, to his legal personal representatives —

(a)

a pension in accordance with regulation 22 (5) as if he had died from the injury; and

(b)

as compensation —

(i)

a sum equivalent to the amount which the police officer would have received under the Work Injury Compensation Act, as if he had died from the injury and as if he were an employee under that Act; or

[5/2008 wef 01/04/2008]

(ii)

a sum equivalent to the gratuity computed under section 20 of the Act as if he had died from the injury,

whichever is the greater.

(4) Any compensation payable to the dependants or the legal personal representatives of a deceased police officer under paragraph (3) (b) shall be reduced by the aggregate amount of the pension already paid to the deceased police officer under regulation 4 from the date of his retirement to the date of his death.

(5) Where the aggregate amount of the pension referred to in paragraph (4) exceeds the compensation payable under paragraph (3)(b), such excess amount shall, subject to paragraph (6), be recoverable by regular monthly deductions from the pension payable to the dependants of the deceased pensioner under regulation 22(5).

(6) Any deduction made from the pension payable to the dependants of a deceased pensioner under paragraph (5) should, if it is reasonably practicable, leave a balance adequate for the maintenance of the dependants.

(7) Where a police officer in the pensionable service who has completed less than 10 years of service sustains a permanent total disablement from an injury received in the execution of his duty, it shall be lawful for the relevant Pension Authority to grant to such officer, in addition to a pension payable under regulation 22, as compensation —

(a)

a sum equivalent to the amount calculated under the Work Injury Compensation Act (Cap. 354), as if he had died from the injury and as if he were an employee under that Act; or

[5/2008 wef 01/04/2008]

(b)

a sum equivalent to the gratuity computed under section 20 of the Act as if he had died from the injury,

whichever is the greater.

(8) Any police officer who receives any compensation payable under paragraph (7) shall not be entitled to receive any benefits payable under regulation 26.

(9) Where a police officer, who is on the provident fund scheme applicable to non-pensionable employees of the Government under the Central Provident Fund Act (Cap. 36) and who has completed less than 10 years of service, sustains a permanent total disablement from an injury received in the execution of his duty which enables him to qualify for a pension under regulation 22(3), he may elect to be paid a compensation in lieu of such pension, in which event it shall be lawful for the relevant Pension Authority to grant to the police officer as compensation —

(a)

a sum equivalent to the amount calculated under the Work Injury Compensation Act as if he were an employee under that Act; or

[5/2008 wef 01/04/2008]

(b)

a sum equivalent to the gratuity computed under section 20 of the Act as if he had died from the injury,

whichever is the greater.

(10) Where a police officer sustains a permanent partial disablement from an injury received in the execution of his duty and is entitled to a pension payable under regulation 22(4), he may elect to be paid a compensation in lieu of such pension, in which event it shall be lawful for the relevant Pension Authority to grant to the officer as compensation a sum equivalent to the amount calculated for permanent partial disablement under the Work Injury Compensation Act, as if he were an employee under that Act.

[5/2008 wef 01/04/2008]

(11) Where a police officer, or on his death his dependants or legal personal representatives, is or are entitled to receive any benefits under section 20 of the Act or under these Regulations, it shall be lawful for the relevant Pension Authority on the grounds of exceptional circumstances to increase the amount of benefits payable by another 30%.

(12) The aggregate amount of any pension and the additional 30% of such pension payable to the police officer or his dependants under paragraph (11) shall not exceed the officer’s last drawn pensionable emoluments.

[21

Allowance for service in non-pensionable office

24.—(1) An officer holding a non-pensionable office or a pensionable office on a temporary month-to-month basis or on monthly salary who retires in circumstances in which he might have been granted a pension had he held a pensionable office may, if he has continuously served in the Government for not less than 15 years, be granted an annual allowance not exceeding three-fourths (3/4ths) of the pension which he might have been granted had he been employed in a pensionable office.

(2) In lieu of the annual allowance under paragraph (1) there may be paid to such officer, with the approval of the relevant Pension Authority, a capital sum equal to the amount of 5 of such annual payments.

(3) No capital sum under paragraph (2) shall —

(a)

ordinarily be paid in any case of retirement on the ground of ill-health; or

(b)

be paid to any officer who elects to receive a gratuity and a reduced annual allowance in accordance with paragraph (4).

(4) Regulation 14 shall apply to an annual allowance granted under paragraph (1), and in its application thereto references to “pension” in that regulation shall be read as references to “annual allowance”, except that —

(a)

the reduced annual allowance to be granted to an officer shall be at the rate of three-fourths (3/4ths) of his annual allowance; and

(b)

his commuted annual allowance gratuity shall be equal to 121/2 times the annual value of the reduction so made in his allowance.

(5) This regulation shall not apply to any officer appointed to the public service on or after 7th December 1984.

[22

Part IV

Miscellaneous

Transfer from pensionable to non-pensionable office

25.—(1) Where an officer has been transferred from a pensionable office to a non-pensionable office then at the option of such officer —

(a)

his service in the non-pensionable office may be reckoned as though it were service in a pensionable office at the pensionable emoluments payable to him immediately prior to such transfer; or

(b)

his service in the pensionable office may be reckoned as though it were service in a non-pensionable office.

(2) This regulation does not apply to an officer who, immediately before 1 January 2015, is in a pensionable office established under the Constitution and who is transferred, on or after that date to a non-pensionable office established under the Constitution.

26. Every officer, otherwise qualified for a pension, who has not completed the minimum period of service qualifying for a pension, may be granted on retirement a gratuity not exceeding five-six-hundredths (5/600ths) of his annual pensionable emoluments in respect of each complete month of pensionable service.

[24

Gratuity when nothing else is provided

27.—(1) A gratuity or an annual allowance may, on his retirement in the circumstances described in the first column of Table B, be granted to any officer holding a non-pensionable office or a pensionable office on a temporary month-to-month basis to whom regulation 24 does not apply.

(2) The gratuity or annual allowance shall be computed in accordance with Table B.

(3) Paragraphs (1) and (2) shall be deemed to have come into operation on 1st July 1956.

(4) This regulation shall not apply to any officer appointed to the public service on or after 7th December 1984.

[25

Conditions of pension

28. It shall be a condition of the grant of every pension or other allowance that the relevant Pension Authority may cancel or reduce it if it be shown to have been obtained by the wilful suppression of material facts or to have been granted in ignorance of facts which, had they been known before the retirement of the officer, would have justified his dismissal or a reduction of his salary.

[26

Temporary reduction of salary not to affect rate of pension

29. Where the salary attached to any office is temporarily reduced for reasons of public economy, all pensions, gratuities and other allowances shall be calculated on the normal rate of salary and not on the rate to which such salary has been temporarily reduced.

[27

TABLE A

Regulation 22

SCALE OF PENSIONS

Completed years of approved service

Proportion of Pension to Pay on Retirement

Scale No. 1

On total disablement from non-accidental injury received in execution of duty

Scale No. 2

On total disablement from accidental injury received in execution of duty

Scale No. 3

On partial disablement from non-accidental injury

Scale No. 4

On partial disablement from accidental injury

60ths

60ths

60ths

60ths

1 or less

45

30

20

10

2

45

30

20

10

3

45

30

20

10

4

45

30

20

10

5

45

30

20

10

6

45

30

20

10

7

45

30

20

10

8

45

30

20

10

9

45

30

20

10

10

45

30

20

10

11

48

32

21

11

12

48

32

21

12

13

48

32

23

13

14

48

32

24

14

15

48

32

25

15

16

51

34

26

16

17

51

34

27

17

18

51

34

28

18

19

51

34

29

19

20

51

34

30

20

21

54

36

32

22

22

54

36

34

24

23

54

36

36

26

24

54

36

38

28

25

54

36

40

30

26

57

38

40

32

27

57

38

40

34

28

57

38

40

36

29

57

38

40

38

30 or over

60

40

40

40

TABLE B

Regulation 27

GRATUITIES AND ALLOWANCES

First column

Second column

Years of Service of Officer

Gratuity or Allowance Payable

1.

10 years service or above but below 15 years in a non-pensionable office or a pensionable office on a temporary month-to-month basis

An annual allowance equal to one-half (1/2) of the pension which might have been granted had the officer retired in similar circumstances while holding a pensionable office; or a capital sum equal to the amount of 5 of such annual payments with the consent of the relevant Pension Authority, except that no capital sum shall, unless in all the circumstances of the case seem reasonable to the relevant Pension Authority, be paid if the officer retired on the ground of ill-health.

2.

Below 10 years service in a non-pensionable office or a pensionable office on a temporary month-to-month basis

A gratuity equal to one-half (1/2) of one-tenth (1/10th) of a month’s salary for each complete month of service, if the officer retired on the ground of ill-health or on account of age limit or, if the officer was holding a non-pensionable office, on account of the abolition of any office in or re-organisation of the department to which he was attached to effect greater efficiency or economy.

3.

10 years service or above as a daily-rated officer

A gratuity equal to one and two-thirds (12/3rds) days’ basic pay for each completed month of service. No gratuity is payable to daily-rated officers retiring below the age of 45 years, unless pronounced medically unfit for further service, and no gratuity is payable to daily-rated officers retiring below the age of 50 years unless it appears proper to the Government that they should through age or infirmity be retired, except that where the wife of a daily-rated officer who has died while in service or retired has herself not less than 10 years’ continuous service as a daily-rated officer, she will not be debarred from receiving a gratuity merely because she is below the age of 45 years, but will receive a gratuity where she herself decides to retire within one month of her husband’s death or retirement.

4.

More than one year’s service but less than 10 years’ service as a daily-rated officer

A gratuity equal to seven-eighths (7/8ths) days’ basic pay for each complete month of service, only in circumstances where the daily-rated officer retired on the ground of ill-health.

5.

Continuous service partly on monthly pay and partly on daily pay and —

An annual allowance or gratuity, in respect of the aggregate service on monthly pay calculated in accordance with the method specified in the second column of item 1 or 2 of this Table or regulation 24 to which may be added a gratuity in respect of his service on daily pay calculated in accordance with the method specified in the second column of item 3 of this Table.